similar tasks and also deal with the public. Another problem the EOS might encounter is that the charge is filed by members of a "subclass," e.g., Asian women. CPs, female and Hispanic rejected job applicants, filed charges alleging that their rejections, based on failure to meet the minimum height requirement, were discriminatory because their Example - R required that its employees weigh at least 140 lbs. N.Y. 1978), a police department's application of different minimum height requirements for males as opposed to females was found to constitute sex discrimination. Fla. 1976), aff'd, 14 EPD minimum weight standards for different group or class members because of their protected status or nonuniform application of the same minimum weight standard can, absent a legitimate, nondiscriminatory reason for its use, result in prohibited The required height for women is relaxable to 145 cm in the case of applicants from ST and races like Gorkhas, Garhwalis, Assamese, Kumaonis, Nagaland Tribals, and others. CP, a female flight attendant who was suspended for 15 days for being three pounds overweight, filed a charge alleging disparate Therefore, R is discriminating by nonuniform application of its minimum height policy. sandbag up a flight of stairs and scale a 14-foot log wall. Maximum height requirements would, of course, The result is that females are disproportionately discharged for being overweight. requirement. 1077, 18 EPD 8779 (E.D. Example (2) - R, an airline, has a maximum weight policy under which violators are disciplined and can be discharged. 1981). In this case, the height and weight characteristics vary based on the particular Example - R required that successful applicants for production jobs weigh at least 150 lbs. Investigation revealed that of 237 flight attendants 57 are males and 180 Once in the service, reservists must meet height, weight and body fat standards. These two approaches are illustrated in the examples which follow. A police department minimum height requirement of 67 inches was found in Dothard v. Rawlinson (cited below) to preclude consideration of more (4) Determine if other employees or applicants are affected by the use of height and weight requirements. According to the Physical Requirements for IPS, a Female (General Category) should have a minimum IPS height of 150 cm. (2) Determine the Title VII basis, e.g., race, color, sex, national origin or religion, of the complaint, and the issues or allegations as they relate to a protected Since it is possible that relevant statistical data may be developed, and since the argument could be phrased in terms of a direct challenge to reliance upon national height/weight charts as in Example 4 in 621.5(a) above, the issue of 3. Additionally, R stated its belief that it was necessary for the Although there are no Commission decisions dealing with disparate treatment in the discriminatory use of a minimum weight requirement, an analogy can be drawn to Commission Decision No. 1107, 21 EPD 30,419 (E.D. differences in the selection or disqualification rate if the differences meet the test of being statistically or practically significant. (See Example 4 below and Commission Decisions in 621.5(e).) This basic (b) Theories of Discrimination: 604. ___, 24 EPD 31,455 (S.D. females are more frequently overweight than men, there is no reason the EOS should continue to process this charge. females and 88% of Hispanics were excluded. In Blake v. City of Los Angeles, 595 F.2d 1367, 19 EPD 9251 (9th Cir. Title VII, 29 CFR Part 1604, 29 CFR Part 1605, Employers, Employees, Applicants, Attorneys and Practitioners, EEOC Staff, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Advance Data from Vital Health Statistics, No. According to R, individuals under 5'7" could not see properly or operate the controls of a bus. impact in the selection process, when analyzing height/weight requirements. Example (3) - Partial Processing Indicated - CPs, female restaurant employees, file a charge alleging that they are being discriminated against by R since it requires that all of its employees maintain the proper weight in Like the above example and in Commission Decision Nos. Tex. The court in U.S. v. Lee Way Motor Freight, Inc., 7 EPD 9066 (D.C. Ok. 1973), found that a trucking company's practice of nonuniform application of a minimum height requirement constituted prohibited race discrimination. (See Commission Decision No. requirement, where there was no neutral height policy, and no one had ever been rejected based on height. 76-45 and 76-47 (cited above), statistical comparison data was not sufficiently developed or otherwise available from any source to enable the charging parties to show disproportionate This was sufficient to establish a subject to the employees' personal control. information only on official, secure websites. This is the range specified on the Army official website that displays its height and weight calculator. Realizing that large numbers of women, Hispanics, and Asians were automatically excluded by the 6' and 170 lbs. Examples 2 and 4 above processing should continue. True Courts have traditionally upheld the no-smoking policies in police departments. The example which follows illustrates discriminatory use of a minimum weight standard. men must be disproportionately excluded from employment by a maximum height requirement, in the same manner as women are disproportionately excluded from employment by a minimum height requirement. Since there is little likelihood, except rarely, that height and weight characteristics will vary based on a particular locale or region of the nation, national statistics can be relied upon to show evidence of adverse The respondent did not show the existence of a valid relationship between strength and weight. R imposed this minimum weight requirement upon the assumption that only persons 150 lbs. The employer's contention that the requirements CP, a 5'7" Black female, applied for but was denied an assembly line position because she failed to meet (See generally Jefferies v. Harris County Community Action Association, 615 F.2d 1025, 22 EPD 30,858 (5th Cir. The Physical Ability Test consists of three subtests; sit-ups, push-ups and the 1.5 mile run. Physical strength requirements as discussed in this section are different from minimum weight lifting requirements which are discussed in 625, BFOQ. 70-140, CCH EEOC Decisions (1973) 6067, which alleged disparate treatment, reliance on a policy against hiring overweight applicants was found to be a pretext for racial discrimination as only Black applicants R's minimum height requirements. Part of that requirement would entail a showing that the charging party's protected group weighs more on average than other groups and is therefore disproportionately excluded from employment. As long as some women can successfully perform the job, the respondent cannot successfully rely on the narrow BFOQ 71-1529, CCH EEOC Decisions (1973) 6231; Commission Non-Pilot Height And Weight Requirements Gender: Male Nationality: US citizen Height: 5'8 or taller Weight: 130 to 240 pounds This problem is treated in detail in 610, Adverse Impact in the Selection Process. females than males since the average height for females is 63 inches, and the average height for males is 68.2 inches. In Commission Decision No. In early decisions, the Commission found that because of national significance, it was appropriate to use national statistics, as opposed to actual applicant flow data, to establish a prima facie case. The ACFT is scored using different requirements depending on gender and age. Dillmann is 1.615 meters tall - 1.5 centimeters too short. For a determination of whether the 4/5ths or 80% rule test, as opposed to the test of statistical or practical significance, can be used when dealing with height/weight requirements and a Lines, 14 EPD 7600 (S.D. c. diminished community resistance. Although the problem of maximum weight limitations arises in other contexts (see the examples below), it is most frequently encountered when dealing with airline respondents. The study found that just over 50 percent of the countries of the European Union defined minimum-height requirements for police officers; however, there was significant variation in these requirements. rejection of Black applicants based on an alleged policy of refusal to hire overweight persons was discriminatory. Unlike minimum height requirements where setting different standards has been found to Instead, charging parties can Weight at BMI 17.5. (See Appendix I.). Even though there are no Commission decisions dealing with disparate treatment resulting from use of a maximum height requirement, the EOS can use the basic disparate treatment analysis set forth in 604, Theories of Discrimination, to discrimination because weight in the sense of being over or under weight is neither an immutable characteristic nor a constitutionally protected category. R's In Commission Decision No. Cox v. Delta Air Lines, 14 EPD 7600 (S.D. Other courts have concluded that imposing different maximum weight requirements for men and women of the same height to take into account the physiological differences between the two groups does not violate Title VII. Many employers impose minimum weight requirements on applicants or employees. CP, a 6'7" male, applied but was rejected for a police officer position because he is over the maximum height. defense for use of the requirement since a reasonable alternative, e.g., use of platforms to compensate for difference in height, existed. In Commission Decision No. HEIGHT MINIMUM MAXIMUM WEIGHT LIMIT ALL AGES ALL AGES 17-20 21-27 28-39 40+ 4' 10" 90 112 115 119 122 4' 11" 92 116 119 123 126 5' 0" 94 120 123 127 . This automatic exclusion from consideration adversely impacts upon those protected groups. (See the processing instructions in 621.5(a).). 763, 6 EPD 8930 (D.C. D.C. 1973) (other issues, but not this issue, were appealed), when faced with a maximum height requirement, concluded that different maximum height for a police cadet position. *See for example the information contained in the vital health statistics in Appendix I which shows differences in national height and weight averages based on sex, age, and manifest relationship to the employment in question. CPs argue that the standard charts fail for that reason to consider that Black females have a different body structure, physiology, and different proportional height/weight measurements than White females. Both male and female flight attendants are allegedly subject to the weight requirement. In Example 2 above, the allegation is that weight, in the sense of Black females weighing more than White females, is a trait peculiar to a particular race. Male Female; Height: Maximum: Height: Maximum: 4'5" 133: 4'5" 134: 4'6" 137: 4'6" 138: 4'7" 142: 4'7" 141: 4'8" 147: 4'8" 144: 4'9" 151: 4'9" 148: . But on Tuesday, a court in . 72-0284, CCH EEOC Decision (1973) 6304, the Commission found a minimum height requirement for flight pursers discriminatory on the basis of sex and national origin since its disproportionate exclusion of those the requirement. Recruitment of minorities is more important now more than ever because __________. Additionally, as height, as well as weight, problems in the extreme may potentially constitute a handicap, the EOS should be aware of the need to make charging parties or potential charging parties aware of their right to proceed under other Any of the approaches discussed in 604, Theories of Discrimination, could be applicable in analyzing height and weight charges. women passed the wall requirement, and none passed the sandbag requirement. Additionally, where the numbers are very small, even though national statistics are used, the test of because of her sex in that males were not subject to the policy. CP, a Hispanic who failed the tests, alleges national origin discrimination in that Anglos are permitted to pass despite how they actually perform on the test. R's personnel take applicants to private rooms and independently administer and rate the tests. statutes. evidence of adverse impact, the height and weight components must nonetheless be separately evaluated for evidence of adverse impact. CP, an unsuccessful female job applicant weighing under 150 lbs., alleged, based on national statistics which showed that the minimum requirement would automatically exclude 87% of all women all protected groups or classes. What you'll need to achieve in each event to earn . (ii) If there are witnesses get their statements. similarly situated 5'7" female or Hispanic would not be excluded. The weight policy applies only to passenger service representatives and stewardesses who are all that as a result, a maximum height requirement disproportionately excludes them from employment. as to preserve the charging parties' appeal rights, but without further investigation. (iii) Bottom Line - Under the bottom line concept which can be found in 4(C) of the UGESP, where height and weight requirements are a component of the selection procedure, even if considering all the components together there is no a. escalating numbers of officer resignations. Indeed, the than their shorter, lighter counterparts. ability/agility test. The Court The imposition of such tests may result in the exclusion Share sensitive treatment. N.Y. 1979). course be less. Find your nearest EEOC office
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